Laboratory:legal Clinic On Interculturality and Comparative Protection of Human Rights
A.Y. 2024/2025
Learning objectives
The Laboratory proposes the study of rights from a comparative perspective and the analysis of paradigmatic decisions of the European Court of Human Rights, the Inter-American Court on Human Rights, and national courts based on the 'clinical teaching method,' which adopts a problematic and experiential approach.
The objectives are to encourage the exercise of critical thinking and the acquisition of awareness of the complexity of legal phenomenology, starting from the comparative and interdisciplinary perspective, and to contribute to forming an awareness of the law as a tool for social change, to prevent conflicts and the proposition of public policies.
The objectives are to encourage the exercise of critical thinking and the acquisition of awareness of the complexity of legal phenomenology, starting from the comparative and interdisciplinary perspective, and to contribute to forming an awareness of the law as a tool for social change, to prevent conflicts and the proposition of public policies.
Expected learning outcomes
Develop knowledge of the proposed topics and specific skills, including the ability to develop strategies for solving concrete problems (problem-solving); specific analytical capacity; argumentative ability; the ability to act under pressure; interpersonal, organizational, and collaboration skills.
Lesson period: First trimester
Assessment methods: Giudizio di approvazione
Assessment result: superato/non superato
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Single session
Responsible
Lesson period
First trimester
Course syllabus
The object of the course is the international protection of human rights in a comparative perspective. After introducing the student to the European and Inter-American regional systems of protection and promotion of human rights, the laboratory proposes the study of rights from a comparative perspective based on a clinical teaching method, which adopts a problematic and experiential approach. The contact with the practice of cases involving human rights aims to sensitize the student to the topic's relevant legal, social, and political issues, which are highlighted by the comparative approach. In this way, the analysis contributes not only to acquiring legal knowledge but also to forming an awareness of the law as a tool for social change, preventing conflicts, and proposing public policies. Lessons 1-2: The universal system and regional systems of human rights protection. Historical evolution and setting up of the European and Inter-American regional human rights protection systems. Lessons 3-4: The two regional systems' individual appeal, admissibility, and procedure. Lesson 5-6: Opiniones consultativas and Advisory Opinions according to Protocol n. XVI. Peculiarities and relevance in the two regional systems. Lesson 7-8: Jurisprudential analysis - The rights to cultural identity and linguistic rights in the Courts of Strasbourg and San José jurisprudence. Lesson 9-10: Jurisprudential analysis - brief writing and simulating judicial practice
Prerequisites for admission
Fundamentals of private law, public law, comparative law and international law.
Teaching methods
he course adopts the clinical methodology and proposes knowledge of the formal contents of the standard starting from the study of concrete cases, that is, through an interactive teaching method with the use of experiential techniques. The comparative approach contributes to the interdisciplinary perspective, highlighting more general aspects of legal culture, which can constitute a source of social, political, and economic reflection. After illustrating the functioning mechanisms of the European and Inter-American regional systems of protection and the content aspect of the protected rights, the critical analysis of the European and Inter-American regional courts' paradigmatic decisions is proposed. After introducing the primary contents face-to-face or through recommended readings, the students shall work in small groups on concrete projects to promote respect for human rights through jurisprudential analysis, simulated practice, the brief -writing and processing of memories, observation of terms, etc.
Teaching Resources
Materials will be indicated by the professor.
Assessment methods and Criteria
Compulsory attendance for at least 80% of the meetings and evaluation of group works and oral presentations.
IUS/02 - COMPARATIVE PRIVATE LAW - University credits: 3
Laboratories: 20 hours
Professor:
Posenato Naiara
Shifts:
Turno
Professor:
Posenato NaiaraProfessor(s)
Reception:
For in-person attendance, please contact [email protected] .
Department of Languages, Literatures, Cultures and Mediations - - Piazza Indro Montanelli, 1 Sesto San Giovanni Room 1048